New York Convention 1958
Convention on the Recognition and Enforcement of Foreign Arbitral Awards Done at New York, 10 June 1958; entered into
force, 7 June 1959 United Nations, Treaty Series, vol. 330, p. 38, No. 4739 (1959)
Article I
1. This Convention shall apply to the recognition and
enforcement of arbitral awards made in the territory of a
State other than the State where the recognition and
enforcement of such awards are sought, and arising out of
differences between persons, whether physical or legal. It
shall also apply to arbitral awards not considered as
domestic awards in the State where their recognition and
enforcement are sought.
2. The term "arbitral awards" shall include not only awards
made by arbitrators appointed for each case but also those
made by permanent arbitral bodies to which the parties have
submitted.
3. When signing, ratifying or acceding to this Convention, or
notifying extension under article X hereof, any State may on
the basis of reciprocity declare that it will apply the
Convention to the recognition and enforcement of awards
made only in the territory of another Contracting State. It may
also declare that it will apply the Convention only to
differences arising out of legal relationships, whether
contractual or not, which are considered as commercial
under the national law of the State making such declaration.
Article II
1. Each Contracting State shall recognize an agreement in
writing under which the parties undertake to submit to
arbitration all or any differences which have arisen or which
may arise between them in respect of a defined legal
relationship, whether contractual or not, concerning a subject
matter capable of settlement by arbitration.
2. The term "agreement in writing" shall include an arbitral
clause in a contract or an arbitration agreement, signed by
the parties or contained in an exchange of letters or
telegrams.
3. The court of a Contracting State, when seized of an action
in a matter in respect of which the parties have made an
agreement within the meaning of this article, shall, at the
request of one of the parties, refer the parties to arbitration,
unless it finds that the said agreement is null and void,
inoperative or incapable of being performed.
Article III
Each Contracting State shall recognize arbitral awards as
binding and enforce them in accordance with the rules of
procedure of the territory where the award is relied upon,
under the conditions laid down in the following articles. There
shall not be imposed substantially more onerous conditions
or higher fees or charges on the recognition or enforcement
of arbitral awards to which this Convention applies than are
imposed on the recognition or enforcement of domestic
arbitral awards.
Article IV
1. To obtain the recognition and enforcement mentioned in
the preceding article, the party applying for recognition and
enforcement shall, at the time of the application, supply:
(a) The duly authenticated original award or a duly certified
copy thereof;
(b) The original agreement referred to in article II or a duly
certified copy thereof.
2. If the said award or agreement is not made in an official
language of the country in which the award is relied upon, the
party applying for recognition and enforcement of the award
shall produce a translation of these documents into such
language. The translation shall be certified by an official or
sworn translator or by a diplomatic or consular agent.
Article V
1. Recognition and enforcement of the award may be
refused, at the request of the party against whom it is
invoked, only if that party furnishes to the competent
authority where the recognition and enforcement is sought,
proof that:
(a) The parties to the agreement referred to in article II were,
under the law applicable to them, under some incapacity, or
the said agreement is not valid under the law to which the
parties have subjected it or, failing any indication thereon,
under the law of the country where the award was made; or
(b) The party against whom the award is invoked was not
given proper notice of the appointment of the arbitrator or of
the arbitration proceedings or was otherwise unable to
present his case; or
(c) The award deals with a difference not contemplated by or
not falling within the terms of the submission to arbitration, or
it contains decisions on matters beyond the scope of the
submission to arbitration, provided that, if the decisions on
matters submitted to arbitration can be separated from those
not so submitted, that part of the award which contains
decisions on matters submitted to arbitration may be
recognized and enforced; or
(d) The composition of the arbitral authority or the arbitral
procedure was not in accordance with the agreement of the
parties, or, failing such agreement, was not in accordance
with the law of the country where the arbitration took place;
or
(e) The award has not yet become binding on the parties, or
has been set aside or suspended by a competent authority of
the country in which, or under the law of which, that award
was made.
2. Recognition and enforcement of an arbitral award may
also be refused if the competent authority in the country
where recognition and enforcement is sought finds that:
(a) The subject matter of the difference is not capable of
settlement by arbitration under the law of that country; or
(b) The recognition or enforcement of the award would be
contrary to the public policy of that country.
Article VI
If an application for the setting aside or suspension of the
award has been made to a competent authority referred to in
article V(1)(e), the authority before which the award is sought
to be relied upon may, if it considers it proper, adjourn the
decision on the enforcement of the award and may also, on
the application of the party claiming enforcement of the
award, order the other party to give suitable security.
Article VII
1. The provisions of the present Convention shall not affect
the validity of multilateral or bilateral agreements concerning
the recognition and enforcement of arbitral awards entered
into by the Contracting States nor deprive any interested
party of any right he may have to avail himself of an arbitral
award in the manner and to the extent allowed by the law or
the treaties of the country where such award is sought to be
relied upon.
2. The Geneva Protocol on Arbitration Clauses of 1923 and
the Geneva Convention on the Execution of Foreign Arbitral
Awards of 1927 shall cease to have effect between
Contracting States on their becoming bound and to the
extent that they become bound, by this Convention.
Article VIII
1. This Convention shall be open until 31 December 1958 for
signature on behalf of any Member of the United Nations and
also on behalf of any other State which is or hereafter
becomes a member of any specialized agency of the United
Nations, or which is or hereafter becomes a party to the
Statute of the International Court of Justice, or any other
State to which an invitation has been addressed by the
General Assembly of the United Nations.
2. This Convention shall be ratified and the instruments of
ratification shall be deposited with the Secretary-General of
the United Nations.
Article IX
1. This Convention shall be open for accession to all States
referred to in article VIII.
2. Accession shall be effected by the deposit of an instrument
of accession with the Secretary-General of the United
Nations.
Article X
1. Any State may, at the time of signature, ratification or
accession, declare that this Convention shall extend to all or
any of the territories for the international relations of which it
is responsible. Such a declaration shall take effect when the
Convention enters into force for the State concerned
2. At any time thereafter any such extension shall be made
by notification addressed to the Secretary-General of the
United Nations and shall take effect as from the ninetieth day
after the day of receipt by the Secretary-General of the
United Nations of this notification, or as from the date of entry
into force of the Convention for the State concerned,
whichever is the later
3. With respect to those territories to which this Convention is
not extended at the time of signature, ratification or
accession, each State concerned shall consider the
possibility of taking the necessary steps in order to extend
the application of this Convention to such territories, subject,
where necessary for constitutional reasons, to the consent of
the Governments of such territories.
Article XI
In the case of a federal or non-unitary State, the following
provisions shall apply:
(a) With respect to those articles of this Convention that
come within the legislative jurisdiction of the federal authority,
the obligations of the federal Government shall to this extent
be the same as those of Contracting States which are not
federal States;
(b) With respect to those articles of this Convention that
come within the legislative jurisdiction of constituent states or
provinces which are not, under the constitutional system of
the federation, bound to take legislative action, the federal
Government shall bring such articles with a favourable
recommendation to the notice of the appropriate authorities
of constituent states or provinces at the earliest possible
moment;
(c) A federal State Party to this Convention shall, at the
request of any other Contracting State transmitted through
the Secretary-General of the United Nations, supply a
statement of the law and practice of the federation and its
constituent units in regard to any particular provision of this
Convention, showing the extent to which effect has been
given to that provision by legislative or other action
ninetieth day after deposit by such State of its instrument of
ratification or accession.
Article XIII
1. Any Contracting State may denounce this Convention by a
written notification to the Secretary-General of the United
Nations. Denunciation shall take effect one year after the
date of receipt of the notification by the Secretary-General.
2. Any State which has made a declaration or notification
under article X may, at any time thereafter, by notification to
the Secretary-General of the United Nations, declare that this
Convention shall cease to extend to the territory concerned
one year after the date of the receipt of the notification by the
Secretary-General.
3. This Convention shall continue to be applicable to arbitral
awards in respect of which recognition or enforcement
proceedings have been instituted before the denunciation
takes effect.
Article XIV
A Contracting State shall not be entitled to avail itself of the
present Convention against other Contracting States except
to the extent that it is itself bound to apply the Convention.
Article XV
The Secretary-General of the United Nations shall notify the
States contemplated in article VIII of the following:
(a) Signatures and ratifications in accordance with article VIII;
(b) Accessions in accordance with article IX;
(c) Declarations and notifications under articles I, X and XI;
(d) The date upon which this Convention enters into force in
accordance with article XII;
(e) Denunciations and notifications in accordance with article
XIII.
Article XVI
1. This Convention, of which the Chinese, English, French,
Russian and Spanish texts shall be equally authentic, shall
be deposited in the archives of the United Nations
2. The Secretary-General of the United Nations shall transmit
a certified copy of this Convention to the States contemplated
in article VIII.

Article XII
1. This Convention shall come into force on the ninetieth day
following the date of deposit of the third instrument of
ratification or accession.
2. For each State ratifying or acceding to this Convention
after the deposit of the third instrument of ratification or
accession, this Convention shall enter into force on the